Terms and Conditions of Use
By accessing or using the Service, you agree to be bound by the Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service. The materials contained in the Service are protected by applicable copyright and trademark law.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
We may require that you create an account to use certain features of the Service in which case we may require that you provide registration information such as a username and password to access and utilize your account. You are responsible for all activities that occur under your username and password.
2. Use License
- Permission is granted to access and temporarily download one copy of the materials (information or software) displayed on the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Service;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions or the prohibitions in Section 3 and may be terminated by Erticulate at any time. Upon termination, you must cease using the Service and destroy any downloaded materials in your possession whether in electronic or printed format.
3. Prohibited Conduct
As a condition of your access and use of the Service you agree not to do the following:
- violate these Terms;
- use the Service in any manner that violates any law;
- Use the Service in any manner that infringes, misappropriates or violates any third party's rights, including transmitting any User Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, or intellectual property rights;
- Submit or transmit advertisements, promotional materials, junk mail, or any other form of unsolicited solicitation;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Erticulate, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- provide or submit false or misleading information;
- attempt to gain unauthorized access to any portion or feature of the Service, other user accounts, or any other systems or networks connected to the Service or to any server used by Erticulate by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Service user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
- transmit or submit any transmission or other materials that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Service;
- access, download, monitor, or copy any information contained on our Service through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any User Content, materials, documents or information through any means not purposely made available through the Service; or
- probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on or of the Service or any network connected to the Service.
4. User Content
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Service (collectively, the "User Content"), you grant to Erticulate a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such User Content into other works in connection with the Service; sublicense through multiple tiers the User Content;
5. Intellectual Property and Erticulate Content
The Service, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any User Content), and the arrangement thereof, including the Erticulate company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Erticulate Content"), and all intellectual property and proprietary rights related thereto, are as between you and Erticulate, the sole property of Erticulate. All rights in Erticulate Content not expressly granted in these Terms are reserved by Erticulate.
Without the prior written consent of Erticulate, you shall not (i) use any Erticulate name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any Erticulate name or branding element, (iii) use the Erticulate domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Service for its intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Erticulate Content.
THE MATERIALS ON THE SERVICE ARE PROVIDED "AS IS". ERTICULATE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ERTICULATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR MOBILE APP OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SERVICE.
IN NO EVENT SHALL ERTICULATE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, OR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON ERTICULATE'S SERVICE, EVEN IF ERTICULATE OR A ERTICULATE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
8. Revisions and Errata
The materials appearing on the Service could include technical, typographical, or photographic errors. Erticulate does not warrant that any of the materials on its Service are accurate, complete, or current. Erticulate may make changes to the materials contained on its Service at any time without notice. Erticulate does not, however, make any commitment to update the materials.
Use of the Service is void where prohibited by law or otherwise. You must be at least 13 to use the Service. For children under 13, Erticulate will require parental consent and offer a limited feature set and website experience.
Erticulate has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Erticulate of the site. Use of any such linked web site is at the user's own risk.
11. Mobile Apps
If you install and access a mobile application (a "Mobile App") that was downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the "App Provider"), you acknowledge and agree that:
- The Terms are concluded between you and Erticulate only, and not with the App Provider, and that Erticulate, not the App Provider, are responsible for the Mobile Apps;
- The Mobile Apps are licensed to you on a limited, non-exclusive, non-transferable basis, and without the right to sublicense, solely to be used in connection with the Service for your personal, non-commercial use unless otherwise agreed to in a separate agreement between you and Erticulate;
- You will only use the Mobile Apps in connection with a device that you own or control;
- You acknowledge and agree that the App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
- In the event of any failure of the Mobile Apps to conform to any applicable warranty, including those implied by law, you may notify the App Provider of such failure; upon notification, the App Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile App;
- You acknowledge and agree that Erticulate, and not the App Provider, is responsible for addressing any claims you or any third party may have in relation to the Mobile Apps including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringe that third party’s intellectual property rights, Erticulate, and not the App Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Erticulate acknowledge and agree that, in your use of the Mobile Apps, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Erticulate acknowledge and agree that the App Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
12. Premium Subscriptions
You have the option to buy a premium subscription for additional functionality. By purchasing a premium subscription, you acknowledge and agree that:
- Subscriptions will be automatically renewed for successive periods and your payment method will automatically be charged until you cancel. You may cancel your subscription at any time by following the cancellation procedures from your account.
- Subscriptions and/or software purchased through our mobile apps are final, and we will not provide a refund. Mobile applications purchased via an application store (Apple AppStore, Google Play Store or similar) are non-refundable.
- For premium subscriptions purchased from the web site, if you haven't previously received a refund, you can get a refund within 7 days of initial purchase by contacting us directly. Refunds will be granted at the sole discretion of Erticulate.
13. Modifications of Terms
By use of the Service, you consent to receive electronic communications from Erticulate (via email or via a posting on the Service), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Erticulate may communicate any notices to you under these Terms through electronic mail, regular mail or posting the notices on the Service. All notices to Erticulate must be provided by either sending: (i) an email to legal@Erticulate.com; or (ii) a letter, first class certified mail, to Erticulate LLC, Attention: Legal at email@example.com. Such notices will be deemed delivered upon receipt.
15. Governing Law and Arbitration; No Class Actions
These Terms, and any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the state of Delaware regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Erticulate’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Erticulate and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Erticulate.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to Erticulate of your intent to arbitrate ("Notice"). The Notice to Erticulate should be sent by any of the following means: (i) electronic mail to legal@Erticulate.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Erticulate LLC., firstname.lastname@example.org, Attention: Legal. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Erticulate may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND ERTICULATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND ERTICULATE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Erticulate agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Philadelphia, Pennsylvania, and you and Erticulate each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Erticulate shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you breach any term of these Terms or other agreement with Erticulate, Erticulate may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Erticulate’s remedies are cumulative and not exclusive. Failure of Erticulate to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms are not assignable, transferable or sublicensable by you except with Erticulate’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Service are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Erticulate as a result of these Terms or use of the Service.